| Folmsbee v Goodyear Tire & Rubber Co. |
| 2014 NY Slip Op 06413 [120 AD3d 1556] |
| September 26, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Glory Folmsbee et al., Respondents, v The Goodyear Tire & Rubber Company, Doing Business as Goodyear Auto Service Centers, Appellant, and Benderson Properties, Inc., Formerly Known as Benderson Development Company, LLC, Respondent. |
Herrick, Feinstein LLP, New York City (Richard Y. Im of counsel), for defendant-appellant.
Andrews, Bernstein & Maranto LLP, Buffalo (Benjamin J. Andrews of counsel), for plaintiffs-respondents.
Kenney Shelton Liptak Nowak LLP, Buffalo (Robert A. Crawford, Jr., of counsel), for defendant-respondent.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered November 15, 2013. The order, among other things, denied the motion of defendant the Goodyear Tire & Rubber Company, doing business as Goodyear Auto Service Centers, for summary judgment dismissing the complaint.
Now, upon reading and filing the stipulation withdrawing appeal signed by the attorneys for the parties on April 16, 2014,
It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Scudder, P.J., Peradotto, Carni and Lindley, JJ.